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HomeMy WebLinkAbout08061996BOA City of Sebastian 1225 MAIN STREET u SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 [] FAX (561) 589-5570 A G E N D A BOARD OF ADJUSTMENT TUESDAY, AUGUST 6, 1996 7:00 P.M. 1. CALL TO ORDER 2. ROLL CALL 3. APPROVAL OF MINUTES OF JULY 2, 1996 4. OLD BUSINESS 5. NEW BUSINESS A. PRESENTATION BY CITY ATTORNEY 5. CHAIRMANS MATTERS 6. MEMBERS MATTERS 7. STAFF MATTERS 8. ADJOURN ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE BOARD OF ADJUSTMENT WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEARING) WiLL NEED A RECORD OF THE PROCEEDINGS ~ MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.) ADJIII.DOC City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 n FAX (561) 589-5570 PUBLIC MEETING CITY OF SEBASTIAN 1225 MAIN STREET INDIAN RIVER COUNTY FLORIDA THE BOARD OF ADJUSTMENT OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, WILL HOLD A MEETING ON AUGUST 6, 1996, AT 7:00 P.M. IN THE CITY COUNCIL CHAMBERS. GERRY ~BES, SECRETARY BOARD O~ ADJUSTMENT NOTE: ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE BOARD OF ADJUSTMENT WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS A_ND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT (407) 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THE MEETING. ADJIV.DOC BOARD OF ADJUSTMENT REGULAR MEETING AUGUST 6, 1996, 7:00 P.M. THE MEETING WAS CALLED TO ORDER BY CHAIRPERSON OBERBECK AT 7:00 P.M. ROLL CKLL: PRESENT: MR. CROCKET CHAIRPERSON OBERBECK ViCECHAIRPERSON CAPP MR. DEVITO MR. BECKWITH, ALTERNATE EXCUSED: MR. GORE MR. FREELAND, ALTERNATE ALSO PRESENT: ROBERT MASSARELLI, CITY PLANNER VALERIE SETTLES, CITY ATTORNEY MR. BECKWITH, ALTERNATE, WILL BE VOTING FOR MR. GORE IN HIS ABSENCE. CHAIRPERSON OBERBECK STATED LET THE RECORDS SHOW THAT MR. GORE WAS ABSENT DUE TO ILLNESS, AND MR. FREELAND HAD TO LEAVE TOWN DUE TO A SERIOUS FAMILY ILLNESS. APPROVAL OF MINUTES OF JULY 2, 1996: A MOTION WAS MADE BY VICECHAIRPERSON CAPP, SECONDED BY MR. DEVITO TO APPROVE THE JULY 2, 1996 MINUTES. VOICE VOTE, MOTION CARRIED 5-0. OLD BUSINESS: NONE NEW BUSINESS: A. PRESENTATION BY CITY ATTORNEY - VALERIE SETTLES, CITY ATTORNEY WENT OVER A FEW THINGS THAT ARE APPLICABLE TO ' ALL PUBLIC OFFICERS. THE SUNSHINE LAW - IT STATES THAT TWO OR MORE MEMBERS OF A BOARD MAY NOT DISCUSS A BOARD MATTER IN PRIVATE AND MAY NOT DISCUSS IN PRIVATE ANY MATTER THAT COULD FORESEEABLY COME BEFORE THE BOARD. A LOT OF THIS IS BASED ON THE BOARD MEMBERS GOOD JUDGEMENT. THIS LAW ALSO APPLIES TO TELEPHONE CONVERSATIONS. THE PUBLIC RECORDS LAW - ANY MEMBER OF THE PUBLIC CAN ACCESS ANY PUBLIC DOCUMENTS AND THE LOCAL GOVERNMENT CAN PUT RESTRICTIONS ON THAT WITH REASONABLE TIME AND NOTICE BEFORE RELEASING THE DOCUMENTS AND RESTRICTIONS ON COPYING THESE DOCUMENTS. BOARD OF ADJUSTMENT MEETING, AUGUST 6, 1996 PAGE 2 CONFLICT OF INTEREST - THE STATUTE STATES THAT YOU MAY NOT PARTICIPATE, YOU MAY NOTE VOTE iF THE MATTER WILL INURE TO HIS OR HER SPECIAL PRIVATE GAIN OR TO THE GAIN OF A PRINCIPAL BY WHOM THE BOARD MEMBER IS RETAINED. SPECIAL PRIVATE GAIN USUALLY MEANS A FINANCIAL GAIN. YOU HAVE A CERTAIN AMOUNT OF TIME TO FILE A DOCUMENT WITH THE ETHICS COMMISSION, WHICH THE CLERK'S OFFICE HAS. THE CITY ATTORNEY ALSO SUGGESTED THAT THE BOARD MEMBERS BECOME FAMILIAR WITH SECTION 20A-11.2, ESPECIALLY THE SECTION ENTITLED AUTHORITY, POWER AND RULES OF PROCEDURE. THIS SECTION TELLS THE BOARD MEMBERS SPECIFICALLY WHAT THEY MUST FIND TO GRANT OR DENY A SPECIAL EXCEPTION. THERE ARE NINE CRITERIA FOR DETERMINING VARIANCES. QUASI-JUDICIAL PROCEEDINGS - IT PROVIDES THAT THE BOARD MEMBERS CAN GO TO THE SITE AND HAVE MEETING WITH OTHER PEOPLE AS LONG AS YOU DISCLOSE THESE COMMUNICATIONS. THE ONLY THING THAT THE DISCLOSURE DOES IS TO REMOVE THE PRESUMPTION OF PREJUDICE. THE CITY ATTORNEY STATED SHE STRONGLY RECOMMENDS THAT THE LOCAL GOVERNMENT OFFICIALS AVOID ALL FORMS OF EX- PARTE COMMUNICATIONS AND THAT THEY DON'T GO TO A SITE. MR. BECKWITH ASKED THE CITY ATTORNEY DOES EX-PARTE COMMUNICATIONS MEAN TALKING TO AN OWNER OF A SITE OR DOES IT ALSO INCLUDE VIEWING THE SITE SO YOU HAVE AN IDEAL WHAT IS BEING TALKED ABOUT. SHE STATED IT INCLUDED VIEWING THE SITE. EVIDENCE - THE BOARD MEMBERS HAVE TO HAVE CLEAR AND CONVINCING EVIDENCE TO SUPPORT THEIR DECISION. IF THE BOARD MEMBERS FEEL THEY DO NOT HAVE ENOUGH EVIDENCE TO GRANT OR DENY THE APPLICATION, THEY CAN REQUEST MORE INFORMATION, PICTURES OF THE SITE, ETC. FROM STAFF. QUASI-JUDICIAL MEANS YOU HAVE TO GIVE DUE PROCESS AND MAKE RECORDS OF PROCEEDING IN CASE OF AN APPEAL. MR. DEVITO ASKED WHAT STAFF iS AVAILABLE. THE CITY PLANNER, ROBERT MASSARELLI AND VALERIE SETTLES, CITY ATTORNEY, WOULD BE THE STAFF. IF THE BOARD MEMBERS EVER HAVE ANY LEGAL QUESTIONS CONCERNING THE VARIANCE REQUEST, THE CITY ATTORNEY WOULD BE THERE TO GUIDE THE BOARD. STAFF COULD PROVIDE A CHECK LIST OF FINDINGS THAT YOU HAVE TO MAKE, WHICH HAVE TO BE SUPPORTED BY EVIDENCE. IF THE BOARD FEELS THEY DO NOT HAVE SUFFICIENT EVIDENCE ON AN APPLICATION, WHICH IS A PUBLIC HEARING, THEY WOULD HAVE TO CONTINUE IT TO A CERTAIN DATE SO BOARD OF ADJUSTMENT MEETING, AUGUST 6, 1996 PAGE 3 THEY DON'T HAVE TO RE-ADVERTISE. ANY BOARD MEMBER CAN COME IN TO SEE MR. MASSARELLI TO ASK QUESTIONS OR DISCUSS SOMETHING BUT HE CAN NOT DISCUSS THE CONVERSATION WITH ANOTHER BOARD MEMBER. THE BOARD MEMBERS SHOULD NOT TALK TO ANY THIRD PARTIES INVOLVED IN ANY APPLICATIONS COMING BEFORE THE BOARD. MR. CROCKET AND CHAIRPERSON OBERBECK ASKED WHAT PROTECTION ARE THE BOARD MEMBERS ENTITLED TO WITH REGARD TO THE DECISIONS MADE ON BEHALF OF THE CITY AND AS INDIVIDUALS. ANY PROCEEDINGS BROUGHT AGAINST ANY BOARD MEMBER WOULD HAVE TO SHOW THAT THE BOARD MEMBER VIOLATED THE ETHICS CODE. IN GENERAL IF SOMEONE WAS GOING TO BRING A CIVIL ACTION AGAINST ANY BOARD MEMBER PERSONALLY FOR SOME SORT OF MONETARY DAMAGES, THEY WOULD HAVE TO PROVE SOME SORT OF FRAUD. IF A BOARD MEMBER IS BROUGHT BEFORE THE FLORIDA ETHICS COMMISSION AND HE IS FINED BY THE COMMISSION, THAT IS AN INDIVIDUAL VIOLATION AND THE BOARD MEMBER WOULD BE RESPONSIBLE FOR PAYMENT. MR. MASSARELLI STATED STAFF WILL BE DEVELOPING STANDARD PROCEDURES FOR ALL THE BOARDS AND TAKE IT TO THE CITY COUNCIL. HE WILL WORK WITH THE CITY ATTORNEY AND THE CITY MANAGER AND INCLUDE IN THE PROCEDURES A POLICY DISCUSSION ABOUT THE LEGAL EXPENSE. THE CITY ATTORNEY STATED ANY GIFT OVER $100.00 SHOULD NOT BE ACCEPTED AND IF YOU DO, IT HAS TO BE REPORTED. SHE SUGGESTS IT IS BEST NOT TO ACCEPT ANY GIFTS. CHAIRPERSON OBERBECK REQUESTED THAT ALL BOARD MEMBERS RECEIVE A COPY OF THE CODE OF ETHICS FROM THE STATE STATUTES. MR. MASSARELLI AS STAFF WOULD TAKE ANY REQUESTS FOR SPECIAL EXCEPTIONS TO PLANNING AND ZONING FOR THEIR ADVICE OR RECOMMENDATION AND THAT WOULD BE PART OF THE EVIDENCE FOR THE BOARD OF ADJUSTMENT TO REVIEW. MR. MASSARELLI STATED IN A FEW MONTHS HE WOULD GIVE A PRESENTATION OF THE LAND DEVELOPMENT CODE AND THERE ARE ALL SORTS OF PROBLEMS OF INCONSISTENCIES WITH THE CODE INTERNALLY, WITH THE FORM OF GOVERNMENT WE HAVE NOW IN SEBASTIAN. MR. DEVITO ASKED WHEN THE BOARD LISTENS TO TESTIMONY FROM A MEMBER OF THE PUBLIC ON BEHALF OF AN APPLICANT, ARE THEY RESTRICTED TO BE MEMBERS OF THE COMMUNITY. THE CITY ATTORNEY STATED NO AND THEY USUALLY GIVE THEIR NAME AND ADDRESS BEFORE THEY START THEIR TESTIMONY. BOARD OF ADJUSTMENT MEETING, AUGUST 6, 1996 PAGE 4 CHAIRPERSON OBERBECK ASKED WHEN THE 1994 STANDARD BUILDING CODE IS ADOPTED, IS IT TO BE ADHERED TO IN ITS ENTIRETY, WHERE IT REFERS TO THE VARIANCE BOARD. MR. MASSARELLI STATED THAT THERE IS A PROVISION IN OUR LOCAL CODE THAT THE VARIANCES TO THE STANDARD BUILDING CODE WOULD BE HANDLED BY THE CONSTRUCTION BOARD NOT THE BOARD OF ADJUSTMENT. CHAIRMAN'S MATTERS: NONE MEMBERS' MATTERS: MR. MASSARELLI STATED HE WOULD ESTABLISH A PROCEDURE TO HAVE A MEMO IN THE PACKETS EVERY MONTH STATING WHAT APPLICANTS WOULD BE ON THE NEXT AGENDA. FOR SEPTEMBER'S MEETING THERE ARE TWO APPLICANTS SCHEDULED FOR VARIANCES. MR. & MRS. HOBBS ARE REQUESTING A VARIANCE FOR A SWIMMING POOL TO BE CONSTRUCTED 5.4 FEET FROM THE SIDE PROPERTY LINE, WHEREAS THE CODE REQUIRES STRUCTURES TO BE A MINIMUM OF 10 FEET FROM THE SIDE PROPERTY LINE. JANEE MORCHESKY IS REQUESTING A VARIANCE TO ALLOW MINING 2 FEET FROM THE PROPERTY LINE, WHEREAS THE CODE WOULD REQUIRE A MINIMUM OF 150 FEET. MR. MASSARELLI STATED DURING THE OCTOBER'S MEETING, HE WILL DISCUSS THE LAND DEVELOPMENT CODE. VICE CHAIRMAN CAPP ASKED IF A LIST OF ITEMS THAT MIGHT COME BEFORE THIS BOARD CAN BE PROVIDED TO THE BOARD MEMBERS. MR. MASSARELLI STATED THE MOST COMMON REASON FOR A REQUEST FOR A VARIANCE IS SETBACKS. ALSO, IT COULD BE A VARIANCE REGARDING A HEIGHT ALLOWED IN AREA. THE BOARD WILL NOT BE TALKING ABOUT VARIANCES OF LAND USE. ANOTHER REQUEST FOR A VARIANCE COULD BE REGARDING SEPTIC TANKS AND WELLS. THE DIFFICULTY IS PROVING THE HARDSHIP. IF A BOARD MEMBER GOES TO THE SITE, THEY SHOULD PICK A TIME OF THE DAY THAT THERE WOULD BE NO CONTACT WITH THE APPLICANT. THE VISIT TO THE SITE SHOULD BE DISCLOSED AT THE MEETING SO IT WOULD CAUSE NO FUTURE LEGAL PROBLEMS. THE CITY ATTORNEY SUGGESTED THAT THE BOARD MEMBERS COULD ASK MR. MASSARELLI TO SCHEDULE A SITE VISIT FOR THEM AS A GROUP. STAFF MATTERS: MR. MASSARELLI STATED STAFF COULD USE VIDEO TAPES FOR SPECIAL CIRCUMSTANCES ON A REQUEST FOR A VARIANCE. HE ALSO STATED IF THE BOARD MEMBERS WOULD LIKE ANY OTHER INFORMATION PUT IN THEIR PACKETS ON A REGULAR BASIS, LET HIM KNOW. ADJOURN: THE MEETING WAS ADJOURNED AT 7:55 P.M.. BOARD OF ADJUSTMENT MINUTES OF MEETING HELD APPROVED AT MEETING HELD ..<~.~K OBERBECK, CHAIRPERSON GERRY ~BES, SECRETARY ADJVI.DOC